PL PACKET 01172023 - Laserfiche WebLink

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9 i.The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Land Use Plan. ii.The proposed use is or will be compatible with present and future land uses of the area. iii.The proposed use conforms with all performance standards contained herein. iv.The proposed use will not tend to or actually depreciate the area in which it is proposed. v.The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. vi.Traffic generation by the proposed use is within the capabilities of streets serving the property. The second set of conditions is listed with the use in each district. The typical review will be whether the specific standards are met, then whether the general conditions are met. It is with this set of general conditions where the City may exercise some discretion, but only in the context of the neighborhood and the Comprehensive Plan. In addition to the stated conditions listed in the Zoning Ordinance, the City can impose other conditions on the use, so long as those conditions are intended to correct a specific deficiency of the project that is within the City’s regulatory authority. For instance, the City might choose to require specific landscaping requirements on a proposed use that creates an identified visual conflict with a neighboring use. However, the City could not arbitrarily decide to require a new business to restrict its hours of operation, unless the restriction was directly related to a specific public health, safety, or welfare issue. In summary, Conditional Uses need to be addressed carefully, and the City uses most of its discretion in establishing the use in the ordinance. Additional conditions placed on such uses must be specific, and tied to a quantifiable issue. Vague Conditional Use Permits create confusion for users, as well as for future City Councils in trying to fairly apply the regulations. Interim Use Permits Whereas Conditional Use Permits are considered to “run with the land” when all of the conditions are complied with, Interim Use Permits may be granted for a specified period of time. The municipality must be able to ascertain a specific date or event that will result in the termination of the IUP. The statutes require that the applicant must agree to any conditions deemed necessary by the municipality. As such, it is good practice to have a signed development agreement that specifies those conditions, including the termination date and/or event that memorializes the applicant’s required consent. Variances Va riance - An approved departure from the standard imposed by a (usually) dimensional zoning regulation, such as size, area, length, or bulk.